Vigil v. HUD Washingon D.C. et al

Filing 2

ORDER Denying without prejudice, 1 Application for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED that Plaintiff shall have until 10/9/15, in which to submit a completed application that includes the information discussed in this O rder, or to pay the $400.00 filing fee. Failure to comply with this Order will result in a recommendation that this case be dismissed. Signed by Magistrate Judge Carl W. Hoffman on 9/24/15. (Copies have been distributed pursuant to the NEF - Blank IFP application mailed to Plaintiff 9/25/15 - PS)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 14 15 16 17 MICHAEL VIGIL, ) ) Plaintiff, ) ) vs. ) ) SOUTHERN NEVADA REGIONAL HOUSING ) ) AUTHORITY, et al., ) Defendants. ) __________________________________________) Case No. 2:15-cv-01738-APG-CWH ORDER Before the Court is Plaintiff Michael Vigil’s (“plaintiff”) Application for Leave to Proceed In Forma Pauperis (doc. # 1), filed September 10, 2015. 18 Pursuant to 28 U.S.C. § 1914(a), a filing fee of $350.00 is required to commence a civil action 19 in federal district court in addition to a $50.00 administrative fee, effective May 1, 2013, for a total of 20 $400.00. The court may authorize the commencement of an action “without prepayment of fees and 21 costs or security therefor, by a person who makes an affidavit that he is unable to pay such costs or 22 give security therefore.” 28 U.S.C. § 1915(a). 23 Plaintiff submitted the affidavit required by § 1915(a) to show that he is unable to prepay fees 24 and costs or give security for them. However, a review of plaintiff’s application reveals that he failed 25 to fill out all letter items under number 3 of his application form. See Doc. # 1. Based on the 26 documents attached to plaintiff’s application, moreover, it appears plaintiff receives food stamps but 27 failed to include this information in his application form. It also appears that plaintiff has received 28 $41,025.00 in social security benefits, as stated under number 2 of the application, but it is unclear to 1 the Court whether this amount is correct, and whether it was received on a yearly or other basis and 2 not on a monthly basis as plaintiff has alleged. Because the information provided for review is 3 incomplete and unclear, this Court is unable to determine whether plaintiff can afford the filing fee 4 required to pursue the instant action. 5 6 7 8 Accordingly, IT IS HEREBY ORDERED that plaintiff’s Application for Leave to Proceed In Forma Pauperis (doc. # 1) is denied without prejudice. IT IS FURTHER ORDERED that the Clerk of Court shall mail plaintiff a blank Application to Proceed In Forma Pauperis. 9 IT IS FURTHER ORDERED that plaintiff shall have until Friday, October 9, 2015, in 10 which to submit a completed application that includes the information discussed in this order, or to pay 11 the $400.00 filing fee. Failure to comply with this order will result in a recommendation that this case 12 be dismissed. The Clerk of Court shall retain plaintiff’s Complaint. 13 DATED: September 24, 2015 14 15 16 ______________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 2

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